Punjab-Haryana High Court
Jasbir Singh@Jasbir Singh Sallan vs State Of Punjab on 19 March, 2024
Author: Anoop Chitkara
Bench: Anoop Chitkara
Neutral Citation No:=2024:PHHC:039371
CRM-M-13130-2024 2024:PHHC:039371
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
219-2 CRM-M-13130-2024
Date of Decision: 19.03.2024
Jasbir Singh @ Jasbir Singh Sallan ...Pe oner
Versus
State of Punjab ...Respondent
CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA
Present: Mr. P.S. Sekhon, Advocate for the pe oner.
Mr. Sukhdev Singh, A.A.G, Punjab.
****
ANOOP CHITKARA, J.
FIR No. Dated Police Sta.on Sec.ons
17 08.12.2023 Economic Offences 420, 465, 466, 467, 468, 471,
Wing, Vigilance 409, 120-B IPC and Sec ons
Bureau, Ludhiana, 7, 7-A, 8, 13(1) (A) read with
District Ludhiana 13(2) of Preven on of
Corrup on Act, 1988
1. The pe oner apprehending the arrest in the FIR cap oned above, has come up
before this Court under Sec on 438 CrPC seeking bail.
2. Vide order dated 14.03.2024, this Court had granted interim bail to the
pe oner which is con nuing ll date.
3. The prosecu on's case is being taken from reply dated 19.03.2024 filed by the
concerned Deputy Superintendent of Police, which reads as follows:
"2. That the present case (FIR No.17 Dated 08.12.2023 under sec ons
420, 465, 466, 468, 471, 120-B IPC, later on added sec ons 409, 467
IPC and sec ons 7, 7-A, 8, 13(1)A Read With 13(2) of the P.C. Act
1988, vide DDR No. 11 date 12.12.2023 Police Sta on Vigilance
Bureau, E.O.Wing, Ludhiana Annexure P-1) has been registered
against PKS Sharma Bhardwaj Ex-Registrar Punjab Pharmacy Council,
Dr. Tejbir Singh Ex-Registrar Punjab Pharmacy Council and Ashok
Kumar Accountant now Superintendent Punjab Pharmacy Council
Medical Educa on Bhawan Sec.69, SAS Nagar as per the vigilance
inquiry no. 04 dated 26.08.2019 conducted by Vigilance Bureau, EOW
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S.A.S Nagar on the basis of complaint made by Swaranjit Singh,
Convener Para Medical and Health Employees Front, Punjab. During
enquiry, it has transpired that if any student wants to take admission
in another Educa on Board, then he/she is required to submit his
migra on cer ficate issued by his previous Educa on Board. It is the
duty of the Registrar, Punjab State Pharmacy Council to verify
cer ficates of the students taking admission in courses of Diploma in
Pharmacy, B Pharma, M-Pharma and to register them for different
works. If any student wants to do Pharmacist course, then he has to
pass 10 + 2 class in medical or non-medical stream. There are 105
Pharmacy Colleges func oning in the State of Punjab. At the me of
counselling, all the seats in government colleges used to be filled
whereas the seats in private colleges remains vacant and as per the
direc ons of the government, the private colleges used to fill these
seats at their own level. In order to fill these seats, private colleges
used to get 10 + 2 medical/non-medical stream cer ficates of
students from the outer states without any examina on despite the
fact that these courses are regular courses, which have to be passed
by aCending regular classes. ThereaDer, the Registrar of Punjab
Pharmacy Council and other officials issued registra on numbers to
the students without verifying their 10 + 2 cer ficates and in lieu
thereof, they obtained huge amounts as illegal gra fica on.
3. That on the basis of the said registra on numbers, students had
obtained jobs in different ins tu ons and also run their medical
shops. During his tenure as Registrar, Punjab Pharmacy Council,
Parveen Kumar Bhardwaj commiCed various irregulari es and
hence, his services were terminated, but he was again appointed as
Registrar on 24.12.2013. The record of 453 Pharmacists has been
verified from Medical College Amritsar, Medical College Faridkot and
Medical College Pa ala. There are irregulari es in the reports sub-
miCed by Medical College Amritsar and Medical College Faridkot.
Not only this, the cer ficates of 143 students were found to be fake,
but no appropriate ac on was taken against these students. Dr.
Abhininder Singh Thind (now died), Dr. Tejbir Singh and Parveen
Kumar Bhardwaj have violated the rules of Punjab State Pharmacy
Council during their respec ve tenures as they, in connivance with
Pharmacy Colleges, did not verify the 10 + 2 cer ficates of the
students which were issued by unapproved boards. The Pharmacists
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who obtained licenses on the basis of forged cer ficates are playing
with the health of general public.
4. That during Inves ga on the owners/principals of various colleges
have been nominated vide DDR Number-11 Date-15-01-2024 as
accused in this case due to the issuance of forged and fabricated
Diploma Cer ficates as well as 10+2 cer ficates allegedly issued by
different school educa on boards. During enquiry, statement of one
student namely Kamaldeep S/o Dubri Ram r / o Vikas Colony, street
no 04, Nabha, DisC. Pa ala was recorded. The said student
Kamaldeep Singh stated that he had obtained one 10+2 Medical
Stream Cer ficate from S.S.M.I.C. Singhpur Sarnath Varanasi of
Board of High School & Intermediate Educa on, U.P. through
Chander Mohan (Co-accused) Principal of Star Interna onal College
of Ferozepur Road, Ludhiana by paying amount of Rs.25000/-. Не
further stated that he had not aCended the classes as he had got
dummy admission. He also stated that on the basis of said 10+2
cer ficate, he did D-Pharmacy Course from Thapar College of Phar-
macy Moga from the Year 2011 to 2013 by paying amount of
Rs.1,00,000/- and got registra on cer ficate from Punjab State Phar-
macy Council through one person Lucky i.e. the present pe oner. He
specifically stated that the present pe oner was working as
representa ve of Thaper College of Pharmacy. The said student
Kamaldeep Singh had disclosed the nick name of pe oner i.e. Lucky.
But during inves ga on as per reliable sources, it came on record
that Lucky is resident of village Kot Isse Khan, Dharamkot Road,
District Moga. ThereaDer, verifica on with regard to the name of the
pe oner from his na ve village Kot Isse Khan, Dharamkot Road,
District Moga that the real name of the pe oner is Jasbir Singh and
he is also called with nick name of Lucky Doctor in his village.
5. That the pe oner was well aware about the fact that the said
student is not eligible for doing D-Pharmacy course, but s ll he
allowed him to do the course and got registra on cer ficate from
Punjab State Pharmacy Council. During inves ga on 65 Pharmacists
have been nominated as accused in this case aDer the registra on of
the FIR and out of which only 09 Pharmacists have been arrested
and rest of the accused are yet to be arrested. The present Pe oner
Jasbir Singh @ Lucky has been nominated as an accused in this case
on 15.01.2024. Neither the present Pe oner being representa ve
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of Thapar College of Pharmacy nor the owner/principal of Thapar
College had got verified 10+2 cer ficate of Kamaldeep which was
forged and fabricated.
6. The allega ons against the present Pe oner are serious in
nature. A detailed and thorough inves ga on is being carried out by
the Inves ga ng Agency in this case as it is a case of big scam. The
outcome of the offence involved in the FIR has wide ramifica ons.
The en re modus operandi of the pe oner and facts within the
exclusive knowledge of the pe oner are required to be verified
from him during his custodial interroga on.
7. That in view of Judgment passed in case of Piara Singh vs State of
Punjab 2021(2) RCR Criminal 590, that the pre-arrest ball is a
discre onary relief and is to be granted in excep onal cases and not
in rou ne. It is meant to save the innocent persons from harassment
and inconvenience and not to screen the culprits from arrest and
custodial interroga on. The custodial interroga on is necessary for
complete and effec ve inves ga on to find out how the planning of
the crime has been done and the mode of its execu on, the other
persons involved therein and role played by each one of them. In case
the custodial interroga on of the accused is denied to the
inves ga ng agency that may leave loose ends and gaps in the
inves ga on affec ng the inves ga on being carried out adversely.
In case of State vs Anil Sharma 1997 (4) RCR Criminal 268 the Hon'ble
Apex Court observed that custodial interroga on is qualita vely
more elicita on oriented than ques oning a suspect who is on
an cipatory bail. Hence the pe oner is not en tled to the
concession of an cipatory bail and present bail pe on is liable to be
dismissed.
4. I have heard counsel for the par es and gone through the pleadings and its
analysis would lead to the following outcome.
5 State counsel seeks custodial interroga on in a case which pertains to the year
2014. Most of the evidence is based on disclosure statements of co-accused and its
eviden ary value is subject to Sec on 25 of Indian Evidence Act. This Court is not
considering the evidence collected so far to give an opinion about framing of charges or
trial and the evidence might be sufficient for that stage but this Court is concerned only
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for grant of bail for which the evidence is not that clinching so as to deny the same. It is
neither a case for custodial interroga on nor pre-trial incarcera on.
6. Given above, the present pe on is allowed and interim order dated
14.03.2024 is made absolute. All pending miscellaneous applica ons, if any, stand
disposed of.
(ANOOP CHITKARA)
JUDGE
19.03.2024
Jyo -II
Whether speaking/reasoned: Yes
Whether reportable: No.
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